Utah 2023 Regular Session

Utah House Bill HB0053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 53
	1	+	1st Sub. H.B. 53
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Rogers 6
	4	+	6 01-17-23 4:28 PM 6
	5	+	H.B. 53
	6	+	1st Sub. (Buff)
	7	+	Representative Matthew H. Gwynn proposes the following substitute bill:
2	8		1 PROTECTIVE ORDER AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Matthew H. Gwynn
6	12		5 Senate Sponsor: Stephanie Pitcher
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill concerns pretrial protective orders, jail release agreements, and jail release
11	17		10court orders.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <amends the definitions of "jail release agreement" and "jail release court order";
15	21		14 <amends expiration provisions for certain pretrial protective orders;
16	22		15 <provides expiration provisions for certain pretrial protective orders; and
17	23		16 <makes technical and conforming changes.
18	24		17Money Appropriated in this Bill:
19	25		18 None
20	26		19Other Special Clauses:
21	27		20 None
22	28		21Utah Code Sections Affected:
23	29		22AMENDS:
24	30		23 78B-7-801, as last amended by Laws of Utah 2022, Chapter 430
25	31		24 78B-7-803, as last amended by Laws of Utah 2021, Chapter 159
26	32		25
	33	+	HB0053S01 1st Sub. (Buff) H.B. 53 01-17-23 4:28 PM
	34	+	- 2 -
27	35		26Be it enacted by the Legislature of the state of Utah:
28	36		27 Section 1. Section 78B-7-801 is amended to read:
29	37		28 78B-7-801. Definitions.
30		-	29 As used in this part: H.B. 53 Enrolled Copy
31		-	- 2 -
	38	+	29 As used in this part:
32	39		30 (1) (a) "Jail release agreement" means a written agreement that is entered into by an
33	40		31individual who is arrested or issued a citation, regardless of whether the individual is booked
34	41		32into jail:
35	42		33 (i) under which the arrested or cited individual agrees to not engage in any of the
36	43		34following:
37	44		35 (A) telephoning, contacting, or otherwise communicating with the alleged victim,
38	45		36directly or indirectly;
39	46		37 (B) threatening or harassing the alleged victim; or
40	47		38 (C) knowingly entering onto the premises of the alleged victim's residence or on
41	48		39premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
42	49		40the law enforcement officer's employing agency notifies or attempts to notify the alleged
43	50		41victim, the individual enters the premises while accompanied by a law enforcement officer for
44	51		42the purpose of retrieving the individual's personal belongings; and
45	52		43 (ii) that specifies other conditions of release from jail or arrest.
46	53		44 (b) "Jail release agreement" includes a written agreement that includes the conditions
47	54		45described in Section (1)(a) entered into by a minor who is taken into custody or placed in
48	55		46detention or a shelter facility under Section 80-6-201.
49	56		47 (2) "Jail release court order" means a written court order that:
50	57		48 (a) orders an arrested or cited individual not to engage in any of the following:
51	58		49 (i) telephoning, contacting, or otherwise communicating with the alleged victim,
52	59		50directly or indirectly;
53	60		51 (ii) threatening or harassing the alleged victim; or
54	61		52 (iii) knowingly entering onto the premises of the alleged victim's residence or on
55	62		53premises temporarily occupied by the alleged victim, unless, after a law enforcement officer or
56	63		54the law enforcement officer's employing agency notifies or attempts to notify the alleged
57	64		55victim, the individual enters the premises while accompanied by a law enforcement officer for
58		-	56the purpose of retrieving the individual's personal belongings; and
59		-	57 (b) specifies other conditions of release from jail. Enrolled Copy H.B. 53
	65	+	56the purpose of retrieving the individual's personal belongings; and 01-17-23 4:28 PM 1st Sub. (Buff) H.B. 53
60	66		- 3 -
	67	+	57 (b) specifies other conditions of release from jail.
61	68		58 (3) "Minor" means the same as that term is defined in Section 80-1-102.
62	69		59 (4) "Offense against a child or vulnerable adult" means the commission or attempted
63	70		60commission of an offense described in:
64	71		61 (a) Section 76-5-109, child abuse;
65	72		62 (b) Section 76-5-109.2, aggravated child abuse;
66	73		63 (c) Section 76-5-109.3, child abandonment;
67	74		64 (d) Section 76-5-110, abuse or neglect of a child with a disability;
68	75		65 (e) Section 76-5-111, abuse of a vulnerable adult;
69	76		66 (f) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
70	77		67 (g) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
71	78		68 (h) Section 76-5-111.4, financial exploitation of a vulnerable adult;
72	79		69 (i) Section 76-5-114, commission of domestic violence in the presence of a child; or
73	80		70 (j) Section 76-9-702.1, sexual battery.
74	81		71 (5) "Qualifying offense" means:
75	82		72 (a) domestic violence;
76	83		73 (b) an offense against a child or vulnerable adult; or
77	84		74 (c) the commission or attempted commission of an offense described in Section
78	85		7576-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.
79	86		76 Section 2. Section 78B-7-803 is amended to read:
80	87		77 78B-7-803. Pretrial protective orders.
81	88		78 (1) (a) When an alleged perpetrator is charged with a crime involving a qualifying
82	89		79offense, the court shall, at the time of the alleged perpetrator's court appearance under Section
83	90		8077-36-2.6:
84	91		81 (i) determine the necessity of imposing a pretrial protective order or other condition of
85	92		82pretrial release; and
86	93		83 (ii) state the court's findings and determination in writing.
87	94		84 (b) Except as provided in Subsection (4), in any criminal case, the court may, during
88		-	85any court hearing where the alleged perpetrator is present, issue a pretrial protective order, H.B. 53 Enrolled Copy
	95	+	85any court hearing where the alleged perpetrator is present, issue a pretrial protective order,
	96	+	86pending trial.
	97	+	87 (2) A court may include any of the following provisions in a pretrial protective order: 1st Sub. (Buff) H.B. 53 01-17-23 4:28 PM
89	98		- 4 -
90		-	86pending trial.
91		-	87 (2) A court may include any of the following provisions in a pretrial protective order:
92	99		88 (a) an order enjoining the alleged perpetrator from threatening to commit or
93	100		89committing acts of domestic violence or abuse against the victim and any designated family or
94	101		90household member;
95	102		91 (b) an order prohibiting the alleged perpetrator from harassing, telephoning, contacting,
96	103		92or otherwise communicating with the victim, directly or indirectly;
97	104		93 (c) an order removing and excluding the alleged perpetrator from the victim's residence
98	105		94and the premises of the residence;
99	106		95 (d) an order requiring the alleged perpetrator to stay away from the victim's residence,
100	107		96school, or place of employment, and the premises of any of these, or any specified place
101	108		97frequented by the victim and any designated family member;
102	109		98 (e) an order for any other relief that the court considers necessary to protect and
103	110		99provide for the safety of the victim and any designated family or household member;
104	111		100 (f) an order identifying and requiring an individual designated by the victim to
105	112		101communicate between the alleged perpetrator and the victim if and to the extent necessary for
106	113		102family related matters;
107	114		103 (g) an order requiring the alleged perpetrator to participate in an electronic or other
108	115		104type of monitoring program; and
109	116		105 (h) if the alleged victim and the alleged perpetrator share custody of one or more minor
110	117		106children, an order for indirect or limited contact to temporarily facilitate parent visitation with a
111	118		107minor child.
112	119		108 (3) If the court issues a pretrial protective order, the court shall determine whether to
113	120		109allow provisions for transfer of personal property to decrease the need for contact between the
114	121		110parties.
115	122		111 (4) A pretrial protective order issued under this section against an alleged perpetrator
116	123		112who is a minor expires on the earlier of:
117		-	113 (a) the day on which [the court issues an order against] the alleged perpetrator is served Enrolled Copy H.B. 53
118		-	- 5 -
	124	+	113 (a) the day on which [the court issues an order against] the alleged perpetrator is served
119	125		114with an order issued under Section 78B-7-804 or 78B-7-805;
120	126		115 (b) [or otherwise] the day on which the court makes a disposition of the alleged
121	127		116perpetrator's case under Title 80, Chapter 6, Part 7, Adjudication and Disposition; or
122	128		117 [(b)] (c) the day on which the juvenile court terminates jurisdiction.
123		-	118 (5) A pretrial protective order issued under this section against an alleged perpetrator
	129	+	118 (5) A pretrial protective order issued under this section against an alleged perpetrator 01-17-23 4:28 PM 1st Sub. (Buff) H.B. 53
	130	+	- 5 -
124	131		119who is not a minor expires on the earliest of:
125	132		120 (a) the day on which the court dismisses the case;
126	133		121 (b) the day on which the court dismisses the pretrial protective order; or
127	134		122 (c) the day on which the alleged perpetrator is served with an order issued under
128	135		123Section 78B-7-804 or 78B-7-805.